It seems that Moi University’s problems are far from over after a judge at the Employment and Labour Relations Court granted Garnishee Orders Nisi attaching Moi University accounts for failure to pay over $ 53 million due to doctors who are employees of Moi University.
Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court has granted the orders after Lawyer Henry Kurauka applied on behalf of KMPDU, where he applied for garnishee orders in the execution of the decree granted earlier by Lady Justice Ngibuini that was issued against MOI University.
Lawyer Kurauka informed the judge that the university had failed to comply with the orders of the court, which required it to pay the doctors within 60 days, and that the period granted by the court expired on 26/09/24.
“On July 26, 2024, Hon. Lady Justice Ngibuini Mwaure granted the applicant the right to proceed with execution if the respondent does not settle the decreased sum within 60 days from the date of this order. The respondent has not complied with the court orders and rulings duly served on August 22, 2024,” Kurauka told the court in parts.
He proceeded and urged the court to grant the orders that have so far resulted in the attachment of Moi University bank.
“The applicant is entitled to garnishee orders because Moi University/the judgement debtor, who is the 1st respondent, has failed to comply with the orders of this court by failing to pay a sum of Sh 53,550,000 as per the letter dated September 4, 2024, and tabulations from Dr. Kamonzi Mulei, who is the petitioner’s branch secretary, North Rift hereof,” Kurauka stated to the Judge.
He told the court that the university had blatantly disobeyed the court orders and urged the court to ensure that the rule of law was adhered to too.
Others who sued along with the university were the Cabinet Secretary in the Ministry of Health and the Cabinet Secretary in the Ministry of Labour and Social Protection.
Mr. Kurauka mentioned other serious constitutional obligations and invited the court to determine while granting the ruling.
While delivering the judgment, Lady Justice Hellen Wasilwa ordered that the bank be attached as requested.
“Reference to the order of this court dated 12/11/2024. I note that this order has an error and is amended accordingly to read that the order granted is the garnishee order Nissi being prayer No. (b) and not No.5 as the order reads application be heard inter partes on November 19, 2024, when National Bank is expected to appear as the garnishee.
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